20.6 Voluntary Placement Agreement | CWS

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(20) Special Circumstances

Policy Title:

Voluntary Placement Agreement

Policy Number:

20.6

Previous Policy Number(s):

5.7, 10.2

Effective Date:

December 2021

Manual Transmittal:

2021-06

Codes/References

O.C.G.A. § 15-11-202 Reasonable Efforts by DFCS to Preserve or Reunify Families
O.C.G.A. § 19-7-5 Reporting of Child Abuse
O.C.G.A. § 49-5-8 Powers and Duties of the Department
O.C.G.A. § 49-5-40 Definitions; Confidentiality of Records; Restricted Access to Records
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
Title IV-E of the Social Security Act § 472 (2)(f)
45 CFR Part 135.22 Voluntary Placement Agreement
Public Law (PL) 95-608 Indian Child Welfare Act of 1978 Final Rule (25 CFR Part 23)
PL 104-191 Health Insurance Portability and Accountability Act (HIPAA) of 1996

Requirements

The Division of Family and Children Services (DFCS) will:

At its discretion, utilize a voluntary placement agreement (VPA) to assist families experiencing a short-term crisis by providing foster care services for a time-limited period (90 calendar days) without court action.

A VPA may be extended up to 90 calendar days for a maximum of 180 calendar days in limited circumstances.
Afford all rights under the Indian Child Welfare Act (ICWA) to any Indian child subject to a VPA involving DFCS, to promote the stability and security of Indian Tribes and their families in accordance with policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.

Make reasonable efforts to maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child’s safety is assured in accordance with policy 9.5 Eligibility: Reasonable Efforts.

If there is reason to believe the child is an Indian child, ICWA requires active efforts prior to removal of the child (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).

Obtain approval of the County Director/Designee (CD) to accept a child under a VPA when it is determined to be in the best interest of the child.
Specify in the VPA, at a minimum the:
1. Legal status of the child;
2. Rights and obligations of the parents or guardians, child, and DFCS while the child is in foster care; and
3. For a VPA involving an Indian child:
  1. Any conditions of the VPA.
  2. The name and birth date of the Indian child;
  3. The name of the Indian’s child Tribe;
  4. The tribal enrollment number for the parent and for the Indian child, where known, or some other indication of the child’s membership in the Tribe;
  5. The names, address and other identifying information of the consenting parent or Indian custodian;
  6. The name and address of the person or entity, if any, who arranged the placement; and
  7. The name and address of the prospective foster parents, if known at the time.
Properly execute the written VPA, binding on all parties to the agreement, for any child who enters care through a VPA:
1. For an Indian child, only after a ten day waiting period after the birth of the Indian child.
  
  Any VPA given prior to, or within ten days after the birth of an Indian child shall not be valid.
2. Obtain the signature of the parent(s), guardian(s), or legal custodian(s) and the County Director/Designee (CD).
3. Record before a court of competent jurisdiction and certified by the judge or the court, any VPA involving an Indian child.
Provide required ICWA notification of the voluntary placement agreement to place the child in foster care if the child is an Indian Child.
Adhere to Health Insurance Portability and Accountability Act and confidentiality provisions outlined in policies 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA) and 2.6 Information Management: Confidentiality/Safeguarding Information.
Maintain the same rights and duties as if DFCS had a court order for temporary custody.
Complete the Family Functioning Assessment (FFA) to analyze and organize the information gathered to understand the significant factors affecting a child’s safety, permanency, and well-being.
Complete the Special Circumstance Voluntary Placement within 45 calendar days of the receipt of the intake report.
Document case activities in Georgia SHINES within 72 hours of the occurrence, including reasonable and/or active efforts.
Immediately report any new, known, or suspected instances of child abuse to the CPS Intake Communications Center (CICC) as outlined in policy 3.24 Intake: Mandated Reporters.

Procedures

Social Services Case Manager

Contact the reporter for clarification and/or additional information, as needed.
Analyze DFCS history to ensure a thorough assessment of the family’s support system. (see policy 19.10 Case Management: Analyzing DFCS History).
Participate in a staffing with the Social Services Supervisor (SSS) prior to the initial contact for guidance.
Arrange for language assistance (interpreter and/or translation services) for individuals identified as limited English proficient (LEP) and auxiliary aids for sensory impaired individuals in accordance with policy 1.4 Administration: Non-Discriminatory Child Welfare Practices.
Conduct a face-to-face contact with the parent(s):
1. Explain DFCS’ obligation to maintain confidentiality and safeguard information to prevent unauthorized disclosure:
  1. Personal information provided will be kept confidential (see policy 2.6 Information Management: Confidentiality/Safeguarding Information).
  2. DFCS cannot share protected health information (PHI) with any person, agency, or contractor without prior written authorization from the owner of the PHI, unless otherwise permitted by law. Provide a copy of the HIPAA Notice of Privacy Practices and obtain signature(s) (see policy 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA).
  3. The type of information that will be maintained in the DFCS case record and of the information that can and cannot be released to the parent(s) upon request. Provide a copy of the Notice of Case Record Information Available to Parents/Guardians and obtain signatures (see policy 2.10 Information Management: J.J. v. Ledbetter Parent or Guardian Request for Information).
2. Discuss the following:
  1. Reasons for requesting voluntary placement;
  2. Parental efforts to mitigate the need for voluntary placement;
  3. Kin available to provide support, care, or supervision;
  4. Services the agency can offer to support the family and prevent the voluntary placement;
  5. Effects of foster care on a child, even if temporary;
  6. Roles and responsibilities of the parent(s) and DFCS;
  7. Parameters of the VPA:
    
    DFCS is allowed to provide foster care services through a VPA entered into by a parent or legal guardian of a child without seeking a court order.
    
    VPA must be terminated within 90 calendar days. The VPA may be extended up to 180 calendar days under limited circumstances.
    
    The VPA may be revoked at any time by the parent, guardian or legal custodian upon written request for the child be returned to the parent, guardian or legal custodian.
    
    DFCS may seek temporary legal custody of the child through Juvenile Court at any time the child is in imminent danger.
    
    The parent(s) must accept legal and physical custody of the child within fourteen calendar days of receiving notice from DFCS that foster care services are no longer warranted.
  8. Information about each child:
    
    Demographic information (name, date of birth, social security number)
    
    Any medical conditions or allergies, including any that require immediate attention
    
    Any medication(s) the child is taking
    
    Health insurance coverage and plan information
    
    Where the child attends school
    
    Any child or family Indian heritage and tribal membership (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
  9. The need to have a family team meeting to discuss all options with the family and their support team (see policy 19.3 Case Management: Solution Focused Family Team Meetings).
Interview and observe each child to assess health and general well-being, including:
1. Any medical conditions or allergies, including any requiring immediate attention
2. Medication(s) taken
3. Any health insurance coverage and plan information
4. For school age, what school does he/she attend
5. Their understanding of the situation
6. Kin available to provide support, care, or supervision
7. Any child or family Indian heritage and tribal membership (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
Conduct a family team meeting in accordance with policy 19.3 Case Management: Solution Focused Family Team Meetings to discuss the options and the plan for the child and family.
Complete the FFA in Georgia SHINES in accordance policy 19.13 Case Management: Family Functioning Assessment.
Participate in a staffing with the SSS to determine if a VPA is in the best interest of the child, discuss:
1. Services and options to prevent placement that have been explored with the family;
2. Reasonable and/or active efforts made to prevent the placement;
3. The situation the family is experiencing and whether it is a short-term, time limited crisis that can be resolved within 90 calendar days;
4. If the parent is in agreement with a VPA;
5. Whether maltreatment and/or immediate safety issues exist that require court intervention; and
6. Any Indian heritage and/or tribal membership.
Decline to accept the request for a VPA, if the child is in imminent danger or maltreatment exists and make a new report to the CICC in accordance with policy 3.24 Intake: Mandated Reporters.
Obtain approval from the County Director/Designee to accept the VPA when the criteria for a VPA is met.

Execute the VPA:

Complete the Voluntary Agreement to Place Child in Foster Care (Authorization) form with the parent(s), guardian(s), or legal custodian(s).
Obtain the signature of the County Director/Designee.

If the child is an Indian child, request the Special Assistant Attorney General (SAAG) have the VPA recorded before the court and certified by the judge or court (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).

The VPA involving an Indian child is not valid until it is recorded by a court and certified by the judge or court. The Indian child cannot be placed in foster care until the VPA is validated by the court.

Attend any court proceedings to record and certify the VPA if the child is an Indian child, and to detail active efforts made to prevent the breakup of an Indian family, as required.
Provide a copy of the executed Voluntary Agreement to Place Child in Foster Care (Authorization) to the parent(s).

Arrange for a placement in accordance with policy 10.1 Foster Care: Placement of a Child.

Document the VPA in Georgia SHINES:

Upload the signed Voluntary Agreement to Place Child in Foster Care to External Documentation.
Complete the Custody Tab generating the FCC stage

Complete the Legal Status pages capturing the effective date of the VPA

For a non-Indian child the effective date of the VPA is the date the parent(s) signed the authorization and the child was taken into custody. For an Indian child the effective date of the VPA is the date it is recorded by the court and certified by the judge or court.

Participate in the case transfer process (see policy 19.4 Case Management: Case Transfer).
Provide ICWA notification of the VPA if the child is an Indian Child in accordance with policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.
Allow the parent, guardian or custodian to terminate the VPA for any reason and have the child returned in accordance with policy 10.2 Foster Care: Placement of a Child via Voluntary Placement Agreement.
Submit the Special Circumstance Voluntary Placement in Georgia SHINES to the SSS for approval within 45 calendar days from the receipt of the intake report.

Social Services Supervisor

Conduct a staffing with the SSCM prior to the initial contact to provide guidance.
Review the FFA and make an approval decision in accordance with policy 19.13 Case Management: Family Functioning Assessment.
Participate in a staffing with the SSS to determine if a VPA is in the best interest of the child, discuss:
1. Services and options to prevent placement that have been explored with the family;
2. Reasonable and/or active efforts made to prevent the placement;
3. The situation the family is experiencing and whether it is a short-term, time limited crisis that can be resolved within 90 calendar days;
4. If the parent is in agreement with a VPA;
5. Whether maltreatment and/or immediate safety issues exist that require court intervention; and
6. Any child or family Indian heritage and tribal membership (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
Document the supervisor staffing in Georgia SHINES within 72 hours of occurrence (see policy 19.6 Case Management: Supervisor Staffing).

Ensure the VPA is properly executed:

County Director approval was obtained prior to accepting the VPA
Appropriate signatures were obtained

If the child is an Indian child, the VPA is recorded before the court and certified by the judge or court (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).

The VPA involving an Indian child must be recorded by a court and certified by the judge or court to be valid. The Indian child cannot be placed in foster care until the VPA is validated by the court.

The SSCM attends court proceedings, as required to record and certify the VPA and report active efforts if the child is an Indian child.
A copy of the executed Voluntary Agreement to Place Child in Foster Care (Authorization) is uploaded to Georgia SHINES External Documentation.

Assist the SSCM in arranging a placement for the child in accordance with policy 10.1 Foster Care: Placement of a Child.
Participate in the case transfer process (see policy 19.4 Case Management: Case Transfer).
Ensure ICWA required notification of the VPA is provided if the child is an Indian Child in accordance with policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.
Allow the parent, guardian or custodian to terminate the VPA for any reason and have the child returned in accordance with policy 10.2 Foster Care: Placement of a Child via Voluntary Placement Agreement.
Review the submitted Special Circumstance Voluntary Placement and make an approval decision in Georgia SHINES within 45 calendar days of receipt of the intake report.

Practice Guidance

DFCS may recognize that a family is experiencing a short-term crisis unrelated to safety or maltreatment, and at its discretion provide foster care services through the use of a VPA for a period of 90 calendar days without a court order. The VPA may be extended once, under limited circumstances, for an additional 90 days. DFCS is under no obligation to accept the request for a voluntary placement when it is determined not to be in the child’s best interests, maltreatment exists, or the child is deemed unsafe.

Prior to accepting a request for a VPA, the SSCM must make reasonable efforts to prevent the removal of the child from his/her home.This includes exploring the reasons the parent is requesting the placement, efforts made to mitigate the need for placement, kin who are available to provide support care, and any services DFCS could provide that may alleviate the need for placement.

Once executed, the VPA gives DFCS the same rights and duties as an order from the court granting DFCS temporary custody of the child. Therefore a Family Functioning Assessment is required to inform the case plan addressing the need for placement (permanency) and well-being. While the child is in DFCS’ custody under the VPA, the parent, guardian, or custodian, is allowed to submit a written request for the child to be returned to their custody.

Voluntary Placements Involving Indian Children

When a parent requests to voluntarily place an Indian child in foster care DFCS must comply with, and afford all rights under the Indian Child Welfare Act (ICWA). This includes making active efforts to prevent removal, notifications to the child’s Tribe, and selection of a placement resource. In addition, a VPA involving an Indian child must be recorded and certified by the judge or the court in order to be considered valid. For more information on the requirements for a VPA involving an Indian child see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.

Forms and Tools

HIPAA Notice of Privacy Practices
HIPAA Notice of Privacy Practices (Spanish)
Notice of Case Record Information Available to Parents/Guardians
Notice of Case Record Information Available to Parents/Guardians (Spanish)
Voluntary Agreement to Place Child in Foster Care (Authorization)
Voluntary Agreement to Place Child in Foster Care (Authorization) (Spanish)